CHAPTER 93: STREETS AND SIDEWALKS

9-39

CHAPTER 93: STREETS AND SIDEWALKS

Section

General Provisions

93.01 Unloading on street or sidewalk

93.02 Street and sidewalk obstruction

93.03 Materials on street or sidewalk

Right-of-Way Construction Regulations

93.20 Election to manage the public right-of-way

93.21 Definitions and adoption of rules by reference

93.22 Permit requirements

93.23 Permit applications

93.24 Issuance of permit; conditions

93.25 Permit fees

93.26 Right-of-way patching and restoration

93.27 Supplementary applications

93.28 Denial of permit

93.29 Installation requirements

93.30 Inspection

93.31 Work done without a permit

93.32 Supplementary notification

93.33 Revocation of permits

93.34 Mapping data; information required

93.35 Location of facilities

93.36 Damage to other facilities

93.37 Right-of-way vacation

93.38 Indemnification and liability

93.39 Abandoned facilities; removal of abandoned facilities

93.40 Appeal

93.41 Reservation of regulatory and police powers

Cross-reference:

Assessable current services, see § 92.01

GENERAL PROVISIONS

§ 93.01 UNLOADING ON STREET OR SIDEWALK.

No person shall unload any heavy material in the streets of the city by throwing or letting the

material fall upon the pavement of any street, alley, sidewalk, or other public way, without first

placing some sufficient protection over the pavement. Penalty, see § 10.99

Lake Lillian Ordinance Code - General Regulations

9-40

§ 93.02 STREET AND SIDEWALK OBSTRUCTION.

No person shall obstruct any street, alley, sidewalk, or other public way within the city by

erecting thereon any fence or building, or permitting any fence or building to remain thereon. Each

day that any fence or building is permitted to remain upon the public way shall constitute a

separate offense. Penalty, see § 10.99

§ 93.03 MATERIALS ON STREET OR SIDEWALK.

No person shall encumber any street or sidewalk. No owner, occupant or person having the

care of any building or lot of land, bordering on any street or sidewalk, shall permit it to be

encumbered with barrels, boxes, cans, articles, or substances of any kind, so as to interfere with

the free and unobstructed use thereof. Penalty, see § 10.99

RIGHT-OF-WAY CONSTRUCTION REGULATIONS

§ 93.20 ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY

In accordance with the authority granted to the city under state and federal statutory,

administrative and common law, the city hereby elects pursuant to this chapter to manage rights-of-ways

within its jurisdiction.

§ 93.21 DEFINITIONS AND ADOPTION OF RULES BY REFERENCE

Minn. Rules Ch. 7819, as it may be amended from time to time is hereby adopted by reference

and are incorporated into this code as if set out in full. The definitions included in Minn. Rules

part 7819.0100 subps. 1 through 23, as it may be amended from time to time are the definitions of

the terms used in the following provisions of this subchapter.

§ 93.22 PERMIT REQUIREMENT.

(A) Permit required. Except as otherwise provided in this code, no person may obstruct or

excavate any right-of-way without first having obtained the appropriate permit from the city.

(1) Excavation permit. An excavation permit is required to excavate that part of the right-of-

way described in the permit and to hinder free and open passage over the specified portion of

the right-of-way by placing facilities described therein, to the extent and for the duration specified

therein.

(2) Obstruction permit. An obstruction permit is required to hinder free and open passage

over the specified portion of right-of-way by placing equipment described therein on the right-of-way,

to the extent and for the duration specified therein. An obstruction permit is not required if a

person already possesses a valid excavation permit for the same project.

Lake Lillian Ordinance Code - General Regulations

9-41

(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date

or dates specified in the permit unless the person makes a supplementary application for another

right-of-way permit before the expiration of the initial permit, and a new permit or permit

extension is granted.

amended from time to time and notwithstanding division (B) of this section, the city shall establish

and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction,

patching, or restoration. The delay penalty shall be established from time to time by the Ordinance

Establishing Fees and Charges, adopted pursuant to § 30.11 of this code, as it may be amended

from time to time.

(D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or

otherwise available at all times at the indicated work site and shall be available for inspection by

the Director. Penalty, see § 10.99

§ 93.23 PERMIT APPLICATIONS.

Application for a permit shall contain, and will be considered completely only upon

compliance with the requirements of the following provisions:

(A) Submission of a completed permit application form, including all required attachments,

scaled drawings showing the location and area of the proposed project and the location of all

known existing and proposed facilities, and the following information:

(1) Each permittee’s name, gopher one-call registration certificate number, address and e-mail

address if applicable, and telephone and facsimile numbers.

(2) The name, address and e-mail address, if applicable, and telephone and facsimile

numbers of a local representative. The local representative or designee shall be available at all

times. Current information regarding how to contact the local representative in an emergency shall

be provided at the time of registration.

(3) A certificate of insurance or self-insurance:

(a) Verifying that an insurance policy has been issued to the registrant by an insurance

company licensed to do business in the state, or a form of self-insurance acceptable to the

Director;

(b) Verifying that the registration is insured against claims for personal injury,

including death, as well as claims for property damage arising out of the use and occupancy of the

right-of-way by the registrant, its officers, agents, employees and permittees, and placement and

use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees

and permittees, including, but not limited to, protection against liability arising from completed

operations, damage of underground facilities and collapse of property;

Lake Lillian Ordinance Code - General Regulations

9-42

are in force and applicable and for whom defense will be provided as to all coverages;

(d) Requiring that the Director be notified 30 days in advance of cancellation of the

policy or material modification of a coverage term;

(e) Indicating comprehensive liability coverage, automobile liability coverage,

workers compensation and umbrella coverage established by the Director in amounts sufficient to

protect the city and the public and to carry out the purposes and policies of this chapter.

(4) The city may require a copy of the actual insurance policies.

(5) If the person is a corporation, a copy of the certificate required to be filed under M.S. §

300.06, as it may be amended from time to time as recorded and certified to by the Secretary of

State.

(6) A copy of the person’s order granting a certificate of authority from the Minnesota

Public Utilities Commission or other applicable state or federal agency, where the person is

lawfully required to have the certificate from the Commission or other state or federal agency.

(B) Payment of money due the city for:

(1) Permit fees as established by the Ordinance Establishing Fees and Charges adopting

pursuant to § 30.11 of this code, as that ordinance may be amended from time to time, estimated

restoration costs and other management costs;

(2) Prior obstructions or excavations;

(3) Any undisputed loss, damage, or expense suffered by the city because of the applicant’s

prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city;

(4) Franchise fees or other charges as established by the Ordinance Establishing Fees and

Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to

time, if applicable.

§ 93.24 ISSUANCE OF PERMIT; CONDITIONS.

(A) Permit issuance. If the applicant has satisfied the requirements of this chapter, the

Director shall issue a permit.

(B) Conditions. The Director may impose reasonable conditions upon the issuance of the

permit and the performance of the applicant thereunder to protect the health, safety and welfare or

when necessary to protect the right-of-way and its current use.

Lake Lillian Ordinance Code - General Regulations

9-43

§ 93.25 PERMIT FEES.

Permit fees shall be in an amount established in the Ordinance Establishing Fees and Charges,

adopted pursuant to § 30.11, as it may be amended from time to time.

(A) Excavation permit fee. The city shall establish an excavation permit fee as established by

the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that

ordinance may be amended from time to time, in an amount sufficient to recover the following

costs:

(1) The city management costs; and

(2) Degradation costs, if applicable.

(B) Obstruction permit fee. The city shall establish the obstruction permit fee as established

by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that

ordinance may be amended from time to time, and shall be in an amount sufficient to recover the

city management costs.

without payment of excavation or obstruction permit fees. The city may allow applicant to pay

those fees within 30 days of billing.

(D) Non-refundable. Permit fees as established by the Ordinance Establishing Fees and

Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to

time, that were paid for a permit that the Director has revoked for a breach as stated in § 93.40 are

not refundable.

(E) Application to franchises. Unless otherwise agreed to in a franchise, management costs

may be charged separately from and in addition to the franchise fees imposed on a right-of-way

user in the franchise.

(F) All permit fees shall be established consistent with the provisions of Minn. Rules part

7819.100, as it may be amended from time to time. Penalty, see § 10.99

§ 93.26 RIGHT-OF-WAY PATCHING AND RESTORATION.

(A) Timing. The work to be done under the excavation permit, and the patching and

restoration of the right-of-way as required herein, must be completed within the dates specified in

the permit, increased by as many days as work could not be done because of circumstances beyond

the control of the permittee or when work was prohibited as unseasonal or unreasonable under §

93.34.

(B) Patch and restoration. The permittee shall patch its own work. The city may choose

either to have the city restore the right-of-way or to restore the right-of-way itself.

Lake Lillian Ordinance Code - General Regulations

9-44

(1) City restoration. If the city restores the right-of-way, the permittee shall pay the costs

thereof within 30 days of billing. If following the restoration, the pavement settles due to the

permittee’s improper backfilling, the permittee shall pay to the city, within 30 days of billing, all

costs associated with having to correct the defective work.

(2) Permittee restoration. If the permittee restores the right-of-way itself, it shall be at the

time of application for an excavation permit post a construction performance bond in accordance

with the provisions of Minn. Rules part 7819.3000, as it may be amended from time to time.

standards and with the materials specified by the city and shall comply with Minn. Rule part

7819.1100, as it may be amended from time to time. The Director shall have the authority to

prescribe the manner and extent of the restoration, and may do so in written procedures of general

application or on a case-by-case basis.

(D) Duty to correct defects. The permittee shall correct defects in patching, or restoration

performed by the permittee or its agents. The permittee upon notification from the Director, shall

correct all restoration work to the extent necessary, using the method required by the Director.

The work shall be completed within five calendar days of the receipt of the notice from the

Director, not including days during which work cannot be done because of circumstances

constituting force majeure or days when work is prohibited as unseasonal or unreasonable under §

93.34.

(E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to

the condition required by the Director, or fails to satisfactorily and timely complete all restoration

required by the Director, the Director at its option may do the work. In that event the permittee

shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If the

permittee fails to pay as required, the city may exercise its rights under the construction

performance bond.

(F) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way

user may elect to pay a degradation fee as established by the Ordinance Establishing Fees and

Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to

time. However, the right-of-way user shall remain responsible for patching and the degradation

fee shall not include the cost to accomplish these responsibilities.

§ 93.27 SUPPLEMENTARY APPLICATIONS.

(A) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way

specified in the permit. No permittee may do any work outside the area specified in the permit,

except as provided herein. Any permittee which determines that an area greater than that specified

in the permit must be obstructed or excavated must before working in that greater area make

application for a permit extension and pay any additional fees required thereby, and be granted a

new permit or permit extension.

Lake Lillian Ordinance Code - General Regulations

9-45

(B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the

permit. No permittee may begin its work before the permit start date or, except as provided

herein, continue working after the end date. If a permittee does not finish the work by the permit

end date, it must apply for a new permit for the additional time it needs, and receive the new

permit or an extension of the old permit before working after the end date of the previous permit.

This supplementary application must be submitted before the permit end date.

§ 93.28 DENIAL OF PERMIT.

The city may deny a permit for failure to meet the requirements and conditions of this chapter

or if the city determines that the denial is necessary to protect the health, safety, and welfare or

when necessary to protect the right-of-way and its current use.

§ 93.29 INSTALLATION REQUIREMENTS.

The excavation, backfilling, patching and restoration, and all other work performed in the

right-of-way shall be done in conformance with Minn. Rules part 7819.1100, as it may be

amended from time to time and other applicable local requirements, in so far as they are not

inconsistent with M.S. § 237.162 and 237.163 as it may be amended from time to time.

§ 93.30 INSPECTION.

(A) Notice of completion. When the work under any permit hereunder is completed, the

permittee shall furnish a completion certificate in accordance Minn. Rule part 7819.1300, as it

may be amended from time to time.

(B) Site inspection. The permittee shall make the work-site available to city personnel and to

all others as authorized by law for inspection at all reasonable times during the execution of and

upon completion of the work.

(1) At the time of inspection, the Director may order the immediate cessation of any work

which poses a serious threat to the life, health, safety or well-being of the public.

(2) The Director may issue an order to the permittee for any work which does not conform

to the terms of the permit or other applicable standards, conditions or codes. The order shall state

that failure to correct the violation will be cause for revocation of the permit. Within ten days

after issuance of the order, the permittee shall present proof to the Director that the violation has

been corrected. If proof has not been presented within the required time, the Director may revoke

the permit pursuant to § 93.40.

Lake Lillian Ordinance Code - General Regulations

9-46

§ 93.31 WORK DONE WITHOUT A PERMIT.

(A) Emergency situations.

(1) Each person with facilities in the right-of-way shall immediately notify the city of any

event regarding its facilities which it considers to be an emergency. The owner of the facilities

may proceed to take whatever actions are necessary to respond to the emergency. Within two

business days after the occurrence of the emergency, the owner shall apply for the necessary

permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring

itself into compliance with this chapter for the actions it took in response to the emergency.

(2) If the city becomes aware of an emergency regarding facilities, the city will attempt to

contact the local representative of each facility owner affected, or potentially affected, by the

emergency. In any event, the city may take whatever action it deems necessary to respond to the

emergency, the cost of which shall be borne by the person whose facilities occasioned the

emergency.

(B) Non-emergency situations. Except in an emergency, any person who, without first having

obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a

permit, and as a penalty pay double the normal fee for the permit, pay double all the other fees

required by this code, deposit with the city the fees necessary to correct any damage to the right-of-

way and comply with all of the requirements of this chapter.

§ 93.32 SUPPLEMENTARY NOTIFICATION.

If the obstruction or excavation of the right-of-way begins later or ends sooner than the date

given on the permit, the permittee shall notify the Director of the accurate information as soon as

this information is known.

§ 93.33 REVOCATION OF PERMITS.

(A) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-way

permit, without a fee refund if there is a substantial breach of the terms and conditions of any

statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach

by the permittee shall include, but shall not be limited, to the following:

(1) The violation of any material provision of the right-of-way permit;

(2) An evasion or attempt to evade any material provision of the right-of-way permit, or

the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;

(3) Any material misrepresentation of fact in the application for a right-of-way permit;

(4) The failure to complete the work in a timely manner; unless a permit extension is

obtained or unless the failure to complete work is due to reasons beyond the permittees’ control;

Lake Lillian Ordinance Code - General Regulations

9-47

(5) The failure to correct, in a timely manner, work that does not conform to a condition

indicated on an order issued pursuant to § 93.37.

(B) Written notice of breach. If the city determines that the permittee has committed a

substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition

of the permit the city shall make a written demand upon the permittee to remedy that violation. The

demand shall state that continued violations may be cause for revocation of the permit. A

substantial breach, as stated above, will allow the city, at its discretion, to place additional or

revised conditions on the permit to mitigate and remedy the breach.

permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. The

permittee’s failure to so contact the city, or the permittee’s failure to submit an acceptable plan, or

the permittee’s failure to reasonably implement the approved plan, shall be cause for immediate

revocation of the permit.

(D) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the

city for the city’s reasonable costs, including restoration costs and the costs of collection and

reasonable attorneys’ fees incurred in connection with the revocation.

§ 93.34 MAPPING DATA; INFORMATION REQUIRED.

Each permittee shall provide mapping information required by the city in accordance with

Minn. Rules parts 7819.4000 and 7819.4100, as it may be amended from time to time.

§ 93.35 LOCATION OF FACILITIES.

(A) Placement, location, and relocation of facilities must comply with applicable laws, and

with Minn. Rules parts 7819.3100, 7819.5000 and 7819.5100, as they may be amended from time

to time, to the extent the rules do not limit authority otherwise available to cities.

(B) Corridors. The city may assign specific corridors within the right-of-way, or any

particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to

current technology, the city expects will someday be located within the right-of-way. All

excavation, obstruction, or other permits issued by the city involving the installation or

replacement of facilities shall designate the proper corridor for the facilities at issue.

protect the right-of-way and its current use, the Director shall have the power to prohibit or limit

the placement of new or additional facilities within the right-of-way. In making those decisions,

the Director shall strive to the extent possible to accommodate all existing and potential users of

the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s

needs for the particular utility service, the condition of the right-of-way, the time of year with

respect to essential utilities, the protection of existing facilities in the right-of-way, and future city

plans for public improvements and development projects which have been determined to be in the

public interest.

Lake Lillian Ordinance Code - General Regulations

9-48

§ 93.36 DAMAGE TO OTHER FACILITIES.

When the city does work in the right-of-way and finds it necessary to maintain, support, or

move facilities to protect it, the Director shall notify the local representative as early as is

reasonably possible and placed as required. The costs associated therewith will be billed to that

registrant and must be paid within 30 days from the date of billing. Each facility owner shall be

responsible for the cost of repairing any facilities in the right-of-way which it or its facilities

damages. Each facility owner shall be responsible for the cost of repairing any damage to the

facilities of another registrant caused during the city’s response to an emergency occasioned by

that owner’s facilities.

§ 93.37 RIGHT-OF-WAY VACATION.

If the city vacates a right-of-way which contains the facilities of a registrant, the registrant’s

rights in the vacated right-of-way are governed by Minn. Rules part 7819.3200, as it may be

amended from time to time.

§ 93.38 INDEMNIFICATION AND LIABILITY.

By applying for and accepting a permit under this chapter, a permittee agrees to defend and

indemnify the city in accordance with the provisions of Minn. Rule 7819.1250, as it may be

amended from time to time.

§ 93.39 ABANDONED FACILITIES; REMOVAL OF ABANDONED FACILITIES.

Any person who has abandoned facilities in any right-of-way shall remove them from that

right-of-way if required in conjunction with other right-of-way repair, excavation, or construction,

unless this requirement is waived by the Director.

§ 93.40 APPEAL.

A right-of-way user that has been denied registration; has been denied a permit; has had permit

revoked; or believes that the fees imposed are invalid, may have the denial, revocation, or fee

imposition reviewed, upon written request, by the City Council. The City Council shall act on a

timely written request at its next regularly scheduled meeting. A decision by the City Council

affirming the denial, revocation, or fee as imposition will be writing and supported by written

findings establishing the reasonableness of the decision.

§ 93.41 RESERVATION OF REGULATORY AND POLICE POWERS.

A permittees or registrants rights are subject to the regulatory and police powers of the city to

adopt and enforce general ordinances necessary to protect the health, safety and welfare of the

public.

Lake Lillian, Minnesota

Search

CHAPTER 93: STREETS AND SIDEWALKS